https://www.nysun.com/editorials/the-resistance-starts-to-infect-our-courts/91025/
We wonder what the Chief Justice of the United States, John Roberts, makes of that headline about the Ninth United States Circuit Court of Appeals. “Trump has flipped the 9th Circuit — and some new judges are causing a ‘shock wave,’” the headline said. Los Angeles Times attributes the claim to one of the circuit’s own judges. Chief Justice Roberts can’t be happy.
The Chief Justice, remember, was so irked when President Trump laced into “Obama judges” that he issued a rebuke. “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” he said. “What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them.”
Mr. Trump would have none of it. “Sorry Chief Justice John Roberts, but you do indeed have ‘Obama judges,’” Mr. Trump retorted. Obama judges, he added, “have a much different point of view than the people who are charged with the safety of our country.” The New York Times quoted one law professor, Josh Blackman, as warning the Chief’s statement could “backfire.”
So welcome to the 9th Circuit. The latest is that the judges who heretofore had held sway in the nation’s largest — and most liberal — circuit are now complaining to the press. The judge who says Mr. Trump has “flipped” the 9th Circuit is Milan D. Smith, Jr. He was moved to talk by the fact that Mr. Trump won confirmation of ten new judges to the Ninth Circuit.
That’s more than a third of the circuit and a 40% increase in three years from the seven judge President Obama was able to seat in his entire eight years. LATimes reports that some of the Trump judges “have quickly won the respect of their colleagues.” It quotes one judge, though, as complaining: “Ten new people at once sends a shock wave through the system.”
Los Angeles Times cites unnamed judges as saying that one Trump appointee, Judge Daniel Collins, early on appeared, as the paper paraphrased it, “oblivious to court tradition.” Judge Collins also apparently called for en banc review of five decisions by three-judge panels and allegedly used combative language. Land sakes!